Commonwealth v. Barnes

WIEAND, Judge:

Rudolph Barnes was tried by a judge sitting without a jury and found guilty of robbery,1 theft by unlawful taking2 and simple assault.3 Motions in arrest of judgment and for a new trial were denied, and Barnes was sentenced to a two year term of probation. On direct appeal, appellant challenges (1) the sufficiency of the evidence to sustain the convictions and (2) an evidentiary ruling admitting an extra-judicial statement under the res gestae or excited utterance exception to the hearsay rule. Our review discloses sufficient evidence to sustain the conviction. However, the…